header-logo header-logo

04 June 2010
Issue: 7397 / Categories: Case law , Judicial line , In Court
printer mail-detail

Supplemental petitions

I just cannot make out when a supplemental divorce petition is and is not appropriate...

I just cannot make out when a supplemental divorce petition is and is not appropriate. Am I right in thinking that it can be used where fresh adultery follows the original petition or there are acts of unreasonable behaviour subsequent to the original petition? Can it be used where two years’ separation has expired only after the original petition was presented and the petitioner wishes to rely on s 1(2)(d) of the Matrimonial Causes Act 1973?

A supplemental petition speaks to matters which arose after the presentation of the original petition and so it is certainly the correct means by which to plead allegations of acts of adultery or unreasonable behaviour which have taken place after proceedings were started.

It also has the advantage of attracting a lower court fee than a fresh petition (unless it is a second petition presented with leave of the court). However, a fresh petition is required where two years’ separation with consent are sought to be relied on and the two years did not accrue

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll